Opinion
No. 93-2899.
May 24, 1994.
An Appeal from the Circuit Court for Dade County; Amy N. Dean, Judge.
Bennett H. Brummer, Public Defender, and Rosa C. Figarola, Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen., and Charles M. Fahlbusch, Asst. Atty. Gen., and David T. Sale, Certified Legal Intern, for appellee.
Before BARKDULL, HUBBART and NESBITT, JJ.
It appearing that appellant's probation was improperly revoked because the state failed to establish at the probation revocation hearing that the defendant committed, as charged, a new offense subsequent to being placed on probation (there being no evidence adduced as to when the new offense was committed) see and compare Stafford v. State, 455 So.2d 385 (Fla. 1984), the order revoking same is reversed and the matter is returned to the trial court with directions to reestablish the probation.
Reversed and remanded with directions.